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Ask Ronan Your Own Question
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2244
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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My son who is 21 was charged with drink driving on thurs

Customer Question

My son who is 21 was charged with drink driving on thurs night. He is a novice driver as his driving Licence shows date of issue 5th of Aug 2014 and his reading was 22. The guard said it will be 200 euro fine and 3 months disqualified. He is a wonderful young man and rarely drinks. Q1 we are hoping to appeal ..firstly he passed his test in March 2014 but did not apply for full lic until July 2014...as he passed his test in March 14 and novice rule came in Aug first 2014 could this help his case ...q2..he submitted his paperwork to the driving lic office in July but was rejected as proof of address wasn't sufficient and then resubmitted in Aug.. Could this help his case..I have written to the dl office asking them to check their records if a date stamp for July 14 appears anywhere.. Q3 if the above doesn't work how does the 3 month disqualification effect his insurance from now on. Guards said it will not be going to court. He is a student nurse and drives 50km to placement everyday so his car is so important to him .
Submitted: 1 year ago.
Category: Republic of Ireland Law
Customer: replied 1 year ago.
The above should read that he drives 50 miles to his hospital every morning and 50 miles back in the evening. He works managing a bar the weekends and does agency work over the summer to fund his college expenses so his car is so important to him. How could he manage if off the road for 3 months. This is why we are trying so hard to get out of the disqualification side of it.
Expert:  Ronan replied 1 year ago.

. He remains a specified driver for a period of 2 years after his licence issued. It will not make a difference that he past the test at an earlier stage. The rationale being that he was not driving (As he should not have been) until his licence issued and it is 2 years from there.

Being a speciied driver means if he had a reading of 22 micrograms that he is looking at a €200.00 fine and 3 month disqualification as an specified driver. Unfortunately the disqualification is mandatory

If he chooses not paying the fixed charge notice and accept the disqualification, a summons will issue for Court where the case can be fully heard before a Judge. The risk here is that the penalties for conviction are more severe. In that the fine may well be increased by the Judge and the mandatory disqualification goes up to 6 months

Customer: replied 1 year ago.
How will the disqualification affect him going forward. Does he have to tell his insurance company? Will it affect his insurance premiums? Will he have to surrender his licence ?
Expert:  Ronan replied 1 year ago.

Yes, he does have to advise his insurance company under the principle of utmost good faith (He must disclose all material facts which may affect the insurance whether he is asked or not).It is also likely to cause a significant jump in his premium. He will have to hand in his licence for endorsement for the period of disqualification

Customer: replied 1 year ago.
How long does an endorsement remain on his licence and for how long is it likely to affect his insurance
Expert:  Ronan replied 1 year ago.

For the remaining life of the licence and the affect on his insurance and it's length will vary from insurance company to insurance company